9 Dec 2013
WALKER v G2 FINANCE HOLDINGS LTD CA392/2013 [2013] NZCA 626
- Citation
- [2013] NZCA 626
- Court
- Court of Appeal
The lack of mutuality/identity of parties between the District Court proceeding and the proposed s 174 oppression proceedings was fatal to an equitable set-off; the proposed s 174 claim would be brought by the trustees of the family trust not by Mr Walker, there are no rare circumstances justifying waiver of mutuality, the issue is fact-specific and settled law, and delay and failure to prosecute the proposed proceedings make leave inappropriate.